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Kariakoo Market Corporation By-Laws, 1976

Government Notice 148 of 1976

Kariakoo Market Corporation By-Laws, 1976
Citation
Government Notice 148 of 1976
Primary work
Kariakoo Market Corporation Act
Date
31 July 2002
Language
English
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Tanzania
Kariakoo Market Corporation Act

Kariakoo Market Corporation By-Laws, 1976

Government Notice 148 of 1976

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
[Section 15]

Part I – Preliminary (bylaws 1-3)

1. Title

These By-laws may be cited as the Kariakoo Market Corporation By-Laws.

2. Application

These By-laws shall apply to all specified markets.

3. Interpretation

In these By-laws, unless the context otherwise requires—"Corporation" means the Kariakoo Market Corporation;"dealer" means a person who is permitted by the Corporation to conduct wholesale business in schedule products;"Schedule product" means any of the agricultural products specified in the Schedule, but does not include any derivative of such product which has been subjected to any manufacturing process;"specified market" means the Kariakoo Market and includes any other market the control and management of which is vested in the Corporation;"wholesale business" means the habitual sale of products to another person for the purpose of resale.

Part II – Wholesale business (bylaws 4-12)

4. Wholesale business in Dar es Salaam to be in specified market

Every wholesale business in a schedule product within Dar es Salaam Region, shall be conducted in a specified market:Provided that this By-law shall not apply to—
(a)any wholesale business in a schedule product conducted by a parastatal organisation; and
(b)any sale on wholesale basis of a schedule product to a parastatal organisation.

5. Application for permit for wholesale business

(1)No person shall conduct wholesale business in a specified market except with a permit issued by of the Corporation.
(2)Every person wishing to conduct wholesale business in any schedule product in a specified market, shall apply to the Corporation for a permit and for registration in the manner prescribed by the Corporation.
(3)Where a permit is issued—
(a)the applicant shall pay to the Corporation a registration fee; and
(b)the Corporation shall register the applicant as a dealer.

6. Corporation may issue special permit

(1)Notwithstanding By-law 4, the Corporation may issue a special permit to any applicant who wishes to conduct wholesale business in a schedule product outside a specified market.
(2)Where the Corporation issues a special permit under this By-law, the Corporation may impose such conditions as it deems necessary.

7. Application for special permit

(1)Any person who wishes to conduct wholesale business in a schedule product outside a specified market shall apply for a special permit in the manner prescribed by the Corporation.
(2)A person issued with a special permit under By-law 6, shall pay to the Corporation the levy, dues or fees payable by a dealer conducting wholesale business in a specified market.

8. Register of dealers

The Corporation shall keep and maintain a "Register of Dealers" in which the name of every dealer shall be entered showing against the name:
(a)the address;
(b)the date on which the permit was granted;
(c)the type of schedule product which the dealer is permitted to sell; and
(d)such other particulars as the Corporation may determine.

9. Duration of permit

Every permit shall be in force for a period of six months from the date of registration and may, subject to any conditions determined by the Corporation, be renewed.

10. Dealer's identification card

(1)The Corporation shall issue identification cards to all dealers.
(2)Any dealer shall, when required to do so by a person authorised by the Corporation in that behalf, produce the identification card for inspection by that person.

11. Corporation to levy charge

(1)The Corporation shall levy a charge on schedule products sold by a dealer in a specified market.
(2)The levy shall be at a flat rate not exceeding eight per centum of the proceeds of daily sales.

12. Clearing of display and wholesale area

(1)Goods once sold shall promptly be removed from the display area.
(2)If goods already purchased remain in the area where they have been offered for sale for more than one hour, the Corporation may seize and store them at the expense and risk of the owner or person in charge the goods.
(3)Where a dealer fails to sell all the products at the close of the market for the day, the dealer shall either request the Corporation to store the products at the dealer's expense or to remove the unpurchased products from the wholesale area.
(4)Expenses payable under paragraph (2) and (3) shall be fixed by the Corporation.

Part III – Retail business (bylaws 13-18)

13. Restriction on retail business

(1)Every retail business in a specified market shall be conducted in a shop or in a stall provided by the Corporation.
(2)Every article offered for sale in a specified market shall be offered only in a shop or in a stall provided for retail business.

14. Application for licence of shop or stall

Any person who wishes to conduct retail business in a specified market, shall apply to the Corporation for a licence to occupy a shop or a stall in the manner prescribed by the Corporation.

15. Duration of licence

(1)A licence in respect of a stall shall remain in force for one year.
(2)A licence in respect of a shop shall be granted for such period as may be agreed upon between the Corporation and the licensee.
(3)A licence in respect of a shop or stall shall entitle the licensee to use the shop or stall, as the case may be, for the retail business authorised by the Corporation and specified in the licence, but no such licence shall operate so as to confer upon the licensee any tenancy or other interest in respect of the shop or the stall.
(4)Every licence shall be subject to these By-laws and to such other conditions as the Corporation may impose.

16. Restriction on transfer of shop and stall

A licensee of a shop or stall shall not transfer, exchange or sub-let the shop or stall except with the written consent of the corporation.

17. Time for payment of fees

All licence, fees, levies and dues shall be paid to the Corporation one month in advance of the month in respect of which they are payable.

18. Termination of licence

(1)Notwithstanding the provisions of By-law 15 and subject to paragraph (2) of this By-law—
(a)a licence in respect of a stall may be terminated by either party upon giving one month's notice; and
(b)a licence in respect of a shop may be terminated by either party in such manner as shall be agreed upon between the Corporation and the licensee at the time the licence is granted.
(2)The Corporation may terminate without notice a licence in respect of any shop or stall if the licensee—
(a)habitually disregards these By-laws;
(b)is convicted of an offence under these By-laws; or
(c)fails, refuses or delays to pay any moneys payable to the Corporation for a period of more than one month.
(3)Where a licence is terminated under paragraph (2), the licensee shall not be entitled to a refund of rent paid or to any other compensation and shall deliver to the Corporation vacant possession of the shop or the stall, within six hours of being informed in writing of the termination of the licence.
(4)Where a licensee cannot, for any reason be personally informed of the Corporation's termination of the licence, the Corporation shall cause a written notice to be displayed in a conspicuous position on the outside of the shop or stall and where such notice has been so displayed for twenty-four hours the licensee shall be deemed to have been personally informed of the contents.
(5)Where a licensee fails to deliver vacant possession of the shop or stall in accordance with paragraph (3) or (4), the Corporation may enter such shop or stall and, if there is any property of the licensee within the premises, the Corporation shall store the property at the risk of the licensee and, subject to payment of the storage fee, release them to the licensee:Provided that when the licensee fails to pay the storage fee within six months of the termination of licence, the property shall be forfeited to the Corporation.

Part IV – Market, Hygiene and order (bylaws 19-24)

19. Enforcement of health regulations

The Corporation shall enforce within specified markets, all health regulations issued by Government Health Authorities.

20. Everybody to observe health rules

Every person engaged in any business on the premises of a specified market, shall observe all such rules of health as may be issued by Government Health Authorities or by the Corporation.

21. Hygiene of foodstuff

(1)Every person engaged in selling meat or cooked foodstuff shall at all times wear a clean washable uniform.
(2)Every person who sells cooked foodstuff shall provide a proper washbasin where a sink is not provided by the Corporation, provide soap and a supply of clean towels for the washing of plates, cups, sauces and other utensils.

22. Seizure of adulterated food

(1)Where the Corporation considers that any cooked food, drink or other edible article offered or exposed for sale at any shop or stall, is unfit for human consumption, the Corporation may seize and cause to be destroyed such food, drink or other edible article.
(2)Where such cooked food, drink or other edible article is seized the owner or person in charge thereof shall not be entitled to any compensation.
(3)Where the Corporation seizes and causes any cooked food, drink or other edible article to be destroyed, the Corporation shall issue a certificate to signify destruction to the owner or person in charge of the food, drink or other edible article destroyed.

23. Prohibition of infected persons

No person suffering from any infectious or contagious disease shall be employed or conduct business within or around the premises of a specified market.

24. Order in market

No person shall, within a specified market—
(a)interfere with or molest any other person or cause any disturbance or obstruction or use any obscene or offensive language;
(b)wilfully damage, deface, foul or misuse any part of a specified market or damage, tamper with, deface, destroy or remove any notice;
(c)affix, place or post or cause to be affixed or placed or posted any bill, placard or notice, without the permission of the Corporation or of a person acting on the authority of the Corporation.

Part V – Miscellaneous (bylaws 25-31)

25. Exclusion of hawkers

No person shall conduct business of a hawker on a street, pavements or in any other place not provided for such business within or surrounding the premises of a specified market.

26. Exclusion of beggars

No person shall, within the premises of a specified market, solicit alms or beg for money or food.

27. Exclusion of pets

No person shall bring a cat, dog or any other pet into the premises of a specified market.

28. Control of traffic

Subject to the provisions of the Road Traffic Act1, the Corporation shall regulate and control all form of vehicular traffic entering, leaving or on the premises of a specified market.1Cap. 168

29. Misuse of permit or licence

No person permitted to conduct wholesale business in a specified market shall conduct retail business and no person licensed to conduct retail business shall engage in wholesale business within the premises of a specified market.

30. When market to be open

(1)Subject to paragraph (3) the wholesale business area of a specified market shall be open to the public between 6.00 a.m. and 9.00 a.m. and between 3.00 p.m. and 5.00 p.m. from Monday to Saturday and between 6.00 a.m. and 9.00 a.m. on Sundays.
(2)Subject to paragraph (3) the retail business area of a specified market shall be open to the public between 6.00 a.m. and 6.00 p.m. every day.
(3)The Corporation may, depending on the exigencies of business, alter the hours specified in paragraphs (1) and (2).

31. Offences

(1)Any person who contravenes any provision of these By-laws or fails to comply with any lawful directions given by the Corporation or by a person authorised by the Corporation in that behalf, is guilty of an offence and is liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding two years or to both.
(2)Where the person convicted of an offence against these By-laws is a dealer or a holder of licence granted under By-law 14 the Corporation may withdraw the permit or terminate the licence.
(3)Where any person is convicted of an offence under these By-laws, any goods in relation to which the offence was committed shall be forfeited to the Corporation.

Schedule (By-law 3)

A. Staple foods

Green bananasCassava rootsFinger milletIrish potatoesSweet potatoesCoconutsGreen maize

B. Vegetables

CabbagesCarrotsCauliflowerCowpeasFresh beansLettucePeasPepper (Sweet hot)PigeonpeasSpinachTomatoesOkraOnions

C. Fruits

ApplesAvocadoGrapefruitLimesMangoesOrangesPearsPineapplesPawpawsPlumsRipe bananasRough lemonsTangerine

D. Other foods

Dried fish
[NOTE: A Swahili Version of these By-Laws has also been published as G.N. 148 of 1976 but has been omitted from the Revised Edition to avoid duplication.]

History of this document

31 July 2002 this version
Consolidation
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